122 Neb. Admin. Code, ch. 30, § 002

Current through September 17, 2024

Section 122-30-002

In addition to the above, causes for modification but not revocation and reissuance include, but are not limited to:

002.01 Material and substantial alterations or additions to the permitted facility or activity occurred after permit issuance which justify the application of permit conditions that are different or absent in the existing permit;

002.02 The Director has received information regarding:

002.02A Factor(s) arising after final permit issuance which would have justified the use of limitations or other requirements different from those required by applicable standards or limitations; and

002.02B For UIC area permits, factors which indicate that cumulative effects on the environment are unacceptable.

002.03 The standards and/or regulations on which the permit was based have been changed by promulgation of amended standards or regulations or by judicial decision after the permit was issued. Permits may be modified during their terms for this cause as follows:

002.03A For promulgation of amended standards or regulations, when:

002.03A1 The permit condition requested to be modified was based on a regulation under this title;

002.03A2 The Council has revised, withdrawn, or modified that portion of the regulation on which the permit condition was based, or has approved action with regard to a water quality standard on which the permit condition was based after consultation with the Regional Administrator; and

002.03A3 A permittee requests modification within ninety days after department or federal notice of the action on which the request is based;

002.03B For judicial decisions, a court of competent jurisdiction has remanded and stayed state or federally promulgated regulations if the remand and stay concern that portion of the regulations or guidelines on which the permit condition was based and a request is filed by the permittee within ninety days of judicial remand.

002.04 The Director determines good cause exists for modification of a compliance schedule, such as an act of God, strike, flood, or materials shortage or other events over which the permittee has little or no control and for which there is no reasonably available remedy.

122 Neb. Admin. Code, ch. 30, § 002